State v. AmosAnnotate this Case
The Supreme Court affirmed the district court’s summary denial of Defendant’s motion to correct illegal sentence under Kan. Stat. Ann. 22-3504(1), thus rejecting Defendant’s argument that his sentence was illegal because he was subjected to unequal treatment in a manner constitutionally prohibited. The district court summarily denied Defendant’s motion. On appeal, Defendant argued that he was entitled to a new sentencing hearing under Kan. Stat. 21-6620(e). The Supreme Court affirmed without reaching the merits of Defendant’s argument regarding section 21-6620, holding (1) a defendant cannot raise constitutional challenges to a sentence via a section 22-3504(1) motion; and (2) as to any other issues, Defendant has waived or abandoned those arguments.